Mike Worley's Blog, page 9

January 21, 2015

Investigating Police Use of Force

The subject of use of force, particularly deadly force, by police has become a topic of intense interest in the past couple of years. In a January 20 article in the Salt Lake City Deseret News, Ken Wallentine, a longtime police officer and current police consultant was quoted as saying, “while most police departments in Utah have the same policy when it comes to when deadly force can be used, the training and investigations of such incidents are widely varied.”


This is the situation in many, if not most states. Additionally, it is important for people to understand that in the case of police use of deadly force or force causing serious bodily injury, there are actually two investigations at the local level. (There may also be investigations at the federal level, but that will be addressed in another post.)


Criminal Investigation

The first is a criminal investigation. The purpose of this investigation is to determine if the officer violated any criminal laws, i.e. laws which could cause him/her to go to jail. This is similar to the investigation conducted by police into any case of possible criminal conduct.


However, in the case of police use of deadly force, the best practice is for that investigation to be conducted by someone other than investigators from the involved officers’ agency. If for no other reason, there should be no perception of favoritism which may accompany investigation by people who may be friends of the involved officer. In my experience, the best solution is a task-force, made up of trained investigators from several agencies, who are called into service if a deadly force incident occurs.  In the Deseret News article, Paul Boyden, executive director of the Statewide Association of Prosecutors, said “county attorneys, particularly in smaller jurisdictions, will look solely at whether criminal charges should be filed when reviewing an officer-involved shooting, but they will not review whether department policy was followed.”


In the criminal investigation, it is critical that experienced investigators and prosecutors be utilized. The criminal investigation into the actions of a police officer is no different, nor should it be, than the investigation of similar actions by any citizen.


Administrative Investigation

Unlike investigations into actions by a citizen which result in death or serious bodily harm, the police officer is also subject to a separate administrative investigation, sometimes called an internal affairs investigation. This investigation is typically conducted by the officer’s own agency.  Its purpose is to determine if the officer’s actions violated any policies of the police department. It is important to remember that it is entirely possible for police policies to be violated, even though a deadly force incident incident might be ruled acceptable under the criminal law.


In the administrative investigation, the rules regarding the conduct of the investigation are different from those employed in a criminal investigation. This is because the administrative investigation is a personnel activity, and the police officer is not subject to incarceration or criminal fines. The most severe punishment in an administrative investigation is termination of employment.


The most important difference between the criminal and administrative investigations is that, in the administrative investigation, the officer does not have the ‘right to remain silent.’ This provision, commonly called the Miranda Rule, applies solely to criminal investigations. Because of the personnel nature of the administrative investigation, the officer may be compelled to give a truthful accounting of the incident, under penalty of termination. This rule is commonly called the Garrity Rule, and comes from a 1967 United States Supreme Court decision.


The officer also does not have a right to a lawyer, unless she/he is subject to a collective bargaining agreement (union contract).


Because the basic right to a lawyer and to remain silent accorded to all persons, even police officers, being investigated for criminal violations is at odds with the Garrity Rule, the results of an administrative investigation may not be shared with criminal investigators. Television shows, and some police agencies, have the criminal and administrative investigations being conducted by the same investigators. This should never be done.


Civilian Review

In the realm of administrative investigations, some police agencies also have civilian review of the administrative process, often called a Civilian Review Board, or something similar. In some cases, civilian review personnel are empowered to conduct a separate administrative investigation, looking at policy issues. In this case, there is de facto a third investigation of the officer’s actions at the local level. (I will discuss civilian review boards further in a subsequent post.)


More Consistency Needed

As the Deseret News article points out, there is still considerable disparity in the way investigations of police use of force, particularly deadly force, are handled in this country. The best thing citizens, and local political leadership in particular, can do is to familiarize themselves with the best practices for such investigations and to be sure those practices are in place before they are needed.


 


** I must note that I am not a lawyer and that the opinions presented here are a result of my training and experience investigating multiple officer involved use of deadly force incidents, both as a criminal investigations commander and as an internal affairs commander.


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Published on January 21, 2015 11:29

January 18, 2015

A New Blog Direction

“Mike, what is your opinion about ….?” It’s a question I’m often asked about current occurrences involving police or the criminal justice system. After all, I do have more than 40 years experience as a police officer and as a criminal justice instructor.


True, my life these days is focused on being a mystery writer. But I also incorporate actual case events within my novels, which means I’m always on the lookout for interesting cases. And it comes with the territory that I have opinions about some of those events.


That said, I must say that I will only comment from the perspective of one who has lived with events of this type. While there is also a political element in policing, it is not my intent to enter into a discussion of whether a particular politician or political group should have or have not done something regarding an event. There are plenty of blogs for that type of discussion.


Rather, my intent is merely to allow a dialog of the events I choose from the perspective of my own experience.


So that will become the primary focus of my blog. I will continue to post two other topics on the blog from time to time. Those topics are 1) recommendations of books of other authors I know which I think might be of interest to my followers, and 2) background information regarding my stories. In the latter topic, I get questions such as “Why do you base your books in Santa Rosa, California, a place you have never lived?” or “Is Angela Masters based on a real detective?” (Both of these questions are answered in blog posts which remain on the blog page.)


I recognize that there is also an interest from my followers in my current book. For the most part, information regarding progress on my writing will be covered in a new page on my website called Author’s Notebook. Posts there will not be sent out to subscribers automatically, as blog posts are. However, I will still send out notifications of significant events such as book releases.


I appreciate the support of all my friends and followers. I hope this change will make my blog a more interesting place for discussion of the events of our time.


Mike


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Published on January 18, 2015 11:22

January 1, 2015

Retribution Removed from Circulation

With the progress on the revised version of Retribution, I have decided to remove the current version from circulation.  This will help avoid confusion on versions when the revision is released.  I anticipate that will occur sometime in March.


Until then, I invite all those who haven’t read the other books in the Angela Masters Detective Novel series to try those books.  Each book in the series features a stand-alone story so there is no need to read the books in any particular order.


Thanks to all for your support.


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Published on January 01, 2015 10:13

November 11, 2014

Retribution – A New Beginning

Retribution Cover“Retribution,” my first novel, has created an interesting dilemma. I wrote it because I believed that the underlying story was very compelling. The book sales and the overall reception by reviewers has borne that out.


On the other hand, however, I wrote the story at a time when I had less knowledge of the ‘techniques’ of fiction writing. This was reinforced recently when I received judges’ comments on the book from a Writers’ Digest competition.


Those who know me know that I have considered rewriting this book off and on for the past year. I actually received little support for doing that, the prevailing wisdom being “it is what it is. Just move on to the next project.” The idea of a rewrite was further complicated by the fact that “Retribution” remains my best selling book. It continues to sell every month, more than two years after its release.


Still, the underlying story is what I believe in, and I think it deserves the best telling possible. The judge’s comments from the Writers Digest competition cemented that view in my mind.


Therefore, I have begun the process of re-crafting the story. Likely the title will change although I don’t know yet what it will be called. The book will contain a disclaimer that the story was previously released under a different title.


 


I’m still working on book 6 of the Angela Masters series, tentatively entitled “Death Knell”and I’ll continue to list progress on that book on my website as well.


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Published on November 11, 2014 09:38

November 3, 2014

Switch to Scrivener

After debating for some time, and working with the trial version about four different times, I decided this weekend to switch to Scrivener. For those not familiar with it, Scrivener is a software program designed to assist the writer with the organizational aspects of writing.


ScrivenerlogoScrivener is not the only such product on the market, but it is the most popular. Scrivener, like similar products, provides a platform which allows the writer to organize most aspects of a writing project in one place.


For couple of years, I’ve been a dedicated user of a competing product called WriteWay. Well WriteWay doesn’t have all of the ‘bells and whistles’ that Scrivener has, it does pretty much the same things. In fact, in my mind, one of the factors that kept me from switching to Scrivener was that some things that are predefined in WriteWay were options that had to be set in Scrivener.


So what made me make the switch to Scrivener? Simply put, it’s the fact that it is the number one program of its type. Other programs are designed to interact with it, which is not the case with some of its competitors. Additionally, I was somewhat concerned that WriteWay has not been upgraded for some time. Conversely, it appears that Scrivener receives fairly regular updates.


Both of these programs are similarly priced — $40 for the Windows version — so cost is not a factor.


Even though I made the switch to Scrivener, I still believe that WriteWay is a fine program for those just looking for some structure to their fiction writing without concern to interaction with other programs.


Additionally, I purchased a development program called Snowflake Pro. I’ll discuss that program or a later post.


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Published on November 03, 2014 13:07

Switch to Scrivener

After debating for some time, and working with the trial version about four different times, I decided this weekend to switch to Scrivener. For those not familiar with it, Scrivener is a software program designed to assist the writer with the organizational aspects of writing.


ScrivenerlogoScrivener is not the only such product on the market, but it is the most popular. Scrivener, like similar products, provides a platform which allows the writer to organize most aspects of a writing project in one place.


For couple of years, I’ve been a dedicated user of a competing product called WriteWay. Well WriteWay doesn’t have all of the ‘bells and whistles’ that Scrivener has, it does pretty much the same things. In fact, in my mind, one of the factors that kept me from switching to Scrivener was that some things that are predefined in WriteWay were options that had to be set in Scrivener.


So what made me make the switch to Scrivener? Simply put, it’s the fact that it is the number one program of its type. Other programs are designed to interact with it, which is not the case with some of its competitors. Additionally, I was somewhat concerned that WriteWay has not been upgraded for some time. Conversely, it appears that Scrivener receives fairly regular updates.


Both of these programs are similarly priced — $40 for the Windows version — so cost is not a factor.


Even though I made the switch to Scrivener, I still believe that WriteWay is a fine program for those just looking for some structure to their fiction writing without concern to interaction with other programs.


Additionally, I purchased a development program called Snowflake Pro, and companion programs to Scrivener called Aeon Timeline and Scrapple. I’ll discuss those programs in a later post.


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Published on November 03, 2014 08:58

October 31, 2014

Who is Angela Masters – Part 2

In the first post on the biography of my protagonist, Detective Angela Masters, we looked at her personal background.  This post explores her professional life as an officer and detective with the Santa Rosa, California, Police Department.


 


Early Career in Uniformed Patrol

Angi began as a uniformed patrol officer in 1971.  Following attendance at the police academy, she was assigned to Senior Officer Michael Garrison for field training.  She also spent some shifts riding with Senior Officer Devon Anderson.  Both men would play a part in her later career, Anderson as her fellow detective in the Violent Crimes Unit and Garrison as her unit supervisor.


In June, 1976, Angi and a fellow patrol officer were walking in a downtown alley when they came upon a man lying next to a Dumpster.  As the other officer checked to see if the man was okay, Angi scanned the alley for signs of other people or threats.  Suddenly, from under a fire escape ladder, a man charged toward her.  He was waving a machete over his head.  As he got within feet of her, she fired three shots, killing the attacker.  At the time, there was little psychological support from the department for officers involved in shooting incidents.  She was left to deal with any memories of the event by herself.  This was not an unusual occurrence in police departments across the country at the time.


 


Angela Masters Detective Career

In 1979, she was selected for a vacant spot as a Detective in the Property Crimes Unit, investigating such crimes as burglary, theft, and fraud.  She proved herself to be a very capable investigator.  In late 1980, Michael Garrison, who had been promoted to sergeant two years before, was assigned to supervise the Violent Crimes Unit.  There was a vacancy in the unit, and one of his first acts was to request the transfer of Detective Angela Masters from Property Crimes to Violent Crimes.  This was opposed by a few supervisors but supported by most, including Police Chief Jim Hathaway.


 


Additional Training

In addition to training received by all detectives in skills such as interviewing and evidence processing, Angi has taken special classes in criminal profiling and blood spatter analysis.


 


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Published on October 31, 2014 07:00

October 27, 2014

Who is Angela Masters?

(This article was first posted on my website on February 22, 2014.  I am republishing part 1 – part 2 will follow in a couple of days – for those who have asked about Angi.)


 


One of the recommendations I make to fellow writers is to have a biography of the major characters.  The writer needs to know the person that is the character.  In that way, the character will come alive as a person to the reader.   I also note that, as in real life, many of the factors of a character’s life, those small things that impact the person’s life, outlook, and responses, will never be known to the reader.  But the writer should know them.   So, following my own advice, I introduce Angela Masters.


Do you have questions about the Angela Masters character?  Ask in the comments section.


 


Angela Masters The Character in the Books

Angela — Angi to her friends — is the principal protagonist in my mystery series.  She is a detective in the Violent Crimes Unit of the Santa Rosa, California, Police Department.  Her duties including investigating murders, rapes, robberies and serious assaults.  She has been described as a workaholic, and she wears that name with honor.


 


Her Background

Angi was born and raised in Santa Rosa, in a middle class family.  Her mother, Rose, was a stay-at-home mom.  Her father, Don, was the manager of the primary retail distributor of dairy products in the Santa Rosa area.  Angi had one younger sister, Karen.


She was a good student at Montgomery High School, where she played varsity volleyball.  Although she was part of the ‘in’ crowd, she was known as a girl who was friendly to everyone.


After high school, she attended college at Cal State – Northridge on a volleyball scholarship.  She was a four-year starter on the team, mostly playing the setter position.  After graduation, with a degree in business administration, she returned to Santa Rosa.


 


What Does She Look Like?

Angi is described in the books as being tall and athletic.  At the time of most of the stories, she had long, naturally blonde hair and green eyes.  One of her notable features is her height.  She has been described in the books as being 5’10”, although in the first book, Retribution, she’s 5’8″.  As time has gone along, I have tended to think of her as more likely to be 5’10”.


Her physical appearance is a blend of four women I know.  None of them are detectives or even police officers.  She dresses well, but her clothing does not draw attention to her.


 


Is Angi Based on a Real Detective?

No, and yes.  She is not based on any single person in particular.  She is a composite of some of the best detectives, and officers, I’ve known.  I first invented Angi when I was writing a narrative that later became my first book.  It was important to that story line that the principal detective be a woman.  The unusual spelling of her nickname, Angi, came from a dispatcher I knew who spelled her name that way.


 


What Events Have Impacted Her Life?

The most significant event in her life, which has resulted in a life-long impact, was the death of her sister.  When Angi was eight years old, she and her friend, Nancy, were waiting for Angi’s mother to give them permission to play in the backyard swimming pool.  It was a sunny and warm August day and the girls were spending some of their last playtime before school began.


The girls had been outside, gazing at the cool water, but Angi’s mother had called them back inside until she had time to oversee their play in the pool.  A short time later, the girls were playing in Angi’s room when they heard a terrible scream.  They ran outside to discover that Karen, then four years old, had somehow gotten outside and had gone into the pool.  Rose pulled Karen from the pool, but it was too late.


Rose blamed her husband for the tragedy.  The sliding glass door to the back yard had a broken latch, that Don had put off fixing.  Don took the blame on himself.  However, Rose’s blame was as much to cover her own guilt as actual animus at Don.  She had been cooking in the room next to where Karen was playing and didn’t notice the toddler go outside until a chilling feeling caused her to look out.  Don’s guilt eventually led him to suicide, while Rose’s took her to a psychiatric care facility in Santa Rosa.  Angi visits her weekly unless a case prevents her from going.


Neither parent recognized Angi’s inner guilt over the death.  Karen could not open the sliding door by pulling on the handle.  However, if the door was left slightly ajar, she could get her little hands on the edge and push the door open.  Angi continues to be haunted by the unanswered question of whether she had completely shut the door when Rose called her and Nancy back inside.


* * *


Shortly after joining the police department, Angi married a man she had dated occasionally in high school.  Roger was intelligent and somewhat shy and introverted.  This was in marked contrast to Angi’s decisive nature and the marriage only lasted a few months.  However, the two remained friends.  They occasionally get together for dinner because they can discuss their lives without concern.


 


Her Life Outside the Police Department

Angi has a sporadic social life.  This is partly self-induced as a result of her desire to always be ready to respond to the next call.  She has dated occasionally and has also reconnected with high school best friend Caroline Suydam.  They have done things together a few times, including taking a trip to Las Vegas.  She has also gone out a few times with fellow violent crimes detective Julie Phelps, although Phelps is married, which only serves to remind Angi of an incomplete side of her life.


Angi loves the Napa Valley wine country and regularly takes trips over the Sonoma Mountains to the valley there.  She is partial to the V.Sattui Winery in St. Helena and spends time on their picnic grounds, usually alone.  She also keeps a supply of Sattui wine at home.


 


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Published on October 27, 2014 08:59

October 25, 2014

New Affiliate Partner – LifeJournal

ljI’m pleased to announce my new affiliate partner connection with LifeJournal, the premier computerized journaling program.  I have used LifeJournal for several years, not only to capture events of my daily life that I want to remember, but also to capture story ideas.


LifeJournal as a standalone program for Windows.  Recently, they have released an online web access program which can be used by any computer which can access web pages.  The online version uses a high level of encryption to keep your entries secure.


In addition to the basic journaling program, LifeJournal offers add-ons for Writers, Educators, Emotional Balance, Creativity, Spirituality, Christian, Staying Sober, and Divorce.  These add-ons, available individually, help guide your writing to capture the topics you want.


Take advantage of a Free Trial of LifeJournal by clicking on the banner at the right and start using this great tool today.


 


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Published on October 25, 2014 16:27

October 21, 2014

2015 Kentucky Writing Workshop

No matter what your profession or avocation, you can almost always learn something new from associating with others in your field in a positive atmosphere.  All around the country, various groups host writers workshops to provide that opportunity for writers of all genres.  One of the post sought-after presenters at such workshops is Chuck Sambuchino, and he will be the featured speaker at a workshop in Louisville.  The 2015 Kentucky Writing Workshop will be held in Louisville on February 6, 2015.  In addition to several presentations, four literary agents will be on hand to allow writers to pitch their current project.


workshop-attendeesI’m registered for this workshop and I encourage fellow writers in the Kentucky / Indiana / Ohio area to attend if possible.  The fees are great – only $99.00 for the workshop plus $29.00 per agent if you wish to pitch your writing project.  Seating is limited to 90 participants so make plans now.


If you are interested, send an email to Jessica Bell at writingdayworkshops@gmail.com and request a registration packet.


 


I hope to see you there.


 


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Published on October 21, 2014 11:00

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